Section 50 Special Marriage Act: Power to make rules

Section 50 of Special Marriage Act: Power to make rules

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) The Central Government, in the case of

officers of the Central Government, and the State Government, in all other cases, may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:

(a) the duties and powers of Marriage Officers and the areas in which they may exercise jurisdiction;

(d) the fees that may be levied for the performance of any duty imposed upon a Marriage Officer under this Act;

(e) the manner in which public notice shall be given under section 16;

(f) the form in which, and the intervals within which, copies of entries in the Marriage Certificate Book shall be sent in pursuance of section 48;

(g) any other matter which may be or requires to be prescribed.

(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(4) Every rule made by the State Government under this Act shall be laid, as soon as it is made, before the State Legislature.

Legal Commentary & Landmark Judgments: Section 50

Section 50 empowers the State Government to make subordinate statutory rules to carry out the provisions of the Special Marriage Act within the State, subject to legislative oversight.

State Subordinate Rule-Making Authority: The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act within its territorial jurisdiction.
Regulation of Forms, Fees & Inquiries: Prescribes the duties of Marriage Officers, notice formats, inquiry fees, and procedures for marriage registration.
Legislative Oversight: Rules made under Section 50 must be laid before the State Legislature to ensure democratic scrutiny.

Key Landmark Precedents:

Safiya Sultana v. State of U.P. (2021) SCC OnLine All 19: The Allahabad High Court held that State rules framed under Section 50 cannot override constitutional privacy rights by imposing mandatory public notice dissemination.
Pranav Kumar Mishra v. Govt of NCT of Delhi (2009) 110 DRJ 560: Held that executive guidelines framed under Section 50 must facilitate civil marriages rather than introducing bureaucratic obstacles not contemplated by the parent Act.

Courtroom Practice & Strategic Litigation Guidance:

When challenging arbitrary local circulars (such as police verification requirements or sending notices to parental homes), examine the parent Act and Section 50. If the circular exceeds statutory rule-making authority under Section 50, challenge it as ultra vires before the High Court.

Section 50: Power to make rules

Section 50 of Special Marriage Act: Power to make rules

Legal Commentary & Landmark Judgments: Section 50